In the Matter of James R. Belterpetitioner v Brian Fischer as Superintendent of New York State Department of Correctional Services.

Motion No: 505553

Slip Opinion No: 2008 NYSlipOp 90971(U)

Decided on November 17, 2008

Appellate Division, Third Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Decided and Entered: November 17, 2008

Case # 505553

In the Matter of JAMES R. BELTER, Petitioner, v BRIAN FISCHER, as Superintendent of New York State Department of Correctional Services, Respondent.

DECISION AND ORDER ON MOTION

Motion for permission to proceed as a poor person.

Motion for permission to appeal.

Cross motion to dismiss appeal.

Upon the papers filed in support of the motions and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the cross motion to dismiss the appeal is granted, without costs, and it is further

ORDERED that the motion for permission to proceed as a poor person is granted, without costs, to the extent that the filing fee required by CPLR 8022 is waived, and it is further

ORDERED that the motion for permission to appeal is referred to Justice Peters, who makes the following decision: Motion denied, without costs.
PETERS, J.P., SPAIN, CARPINELLO, ROSE and STEIN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court